Sujit Kumar Mahto @ Sujit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38307 of 2024 Arising Out of PS. Case No.-1058 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Sujit Kumar Mahto @ Sujit Mahto Son of Madan Mahto Resident of VillageKateya, P.S.- Mohammadpur, Distt. - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shanti Devi Wife of Sujit Kumar Mahto @ Sujit Mahto,D/o- Gajadhar Mahto Resident of Village-Bakhraur, P.O.- Vishunpur, P.S.- Sidhwalia, Distt. - Gopalganj. Present Resident of Village - Kateya, P.S.- Mohammadpur, Distt- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh,APP Mr. Javed Aslam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed.

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 498(A)/406 of the Indian Penal Code.

4. Petitioner is alleged to have committed torture and

Patna High Court CR. MISC. No.38307 of 2024(4) dt.03-01-2025 2/3 harassment with opposite party no. 2 for dowry.

5. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party no. 2.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Gopalganj in connection with Complaint Case No. 1058 of 2023, Trial No. 2126 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party no. 2.

Patna High Court CR. MISC. No.38307 of 2024(4) dt.03-01-2025 3/3

(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."

(Prabhat Kumar Singh, J) anay U T